Opinion

Jarrell v. . Dyer

  • 170 N.C. 177
  • 86 S.E. 1031
  • 1915 N.C. LEXIS 365
Court
Supreme Court of North Carolina
Filed
Nov 24, 1915
Status
Published
Author
BrowN
On the bench
BrowN
Cited by
6 cases
Authority
More cited than 65.3%

The opinion

BrowN, J.

Emma J. Simmons died in tbe county of Guilford 16 April, 1914, leaving a last will and testament in manner and form as follows :

I, Emma J. Simmons, being of sound mind, do hereby will and bequeath to my mother, Pauline E. Jarrell, all tbe property recently deeded to me by ber, also all my other property, that she may administer it to tbe use of my children.

This 14 April, 1914.

It is unnecessary to consider tbe facts as found by bis Honor as to tbe manner of life of tbe testatrix and ber mother and as to bow they transacted their business. Tbe construction of this will presents no complications. Tbe language is plain and direct. Tbe .testatrix evidently bequeathed to ber mother all of ber property, including that which bad been conveyed to her by ber mother, as well as that which she derived from other sources, in trust that tbe mother may use, control and administer it for tbe benefit of tbe testatrix’s children. This confers upon tbe mother no power of disposition by will or otherwise, except as may be conferred upon ber by legal proceedings instituted for that purpose.

Crudup v. Holding,

118 N. C., 230 -231;

Young v. Young,

68 N. C., 309 ;

Little v. Bennett,

58 N. C., 160 .

Affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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